WASHINGTON, D.C., February 15, 2008 - The National Association of Black Journalists (NABJ) strongly opposes a provision in President Bushs proposed 2009 budget that would cripple efforts to more efficiently mediate information disputes with the government.
The OPEN Government Act was approved by both houses on Dec. 18, 2007, creating an Office of Government Information Services in effect, an ombudsman at the National Archives to mediate Freedom of Information Act (FOIA) disputes.
The proposal in the Presidents budget bill, signed Dec. 31, 2007, would allow the U.S. Justice Department to take over the mediation function, although it already provides FOIA counsel to agencies facing legal action over denied information requests.
NABJ and advocates who fought for the FOIA reforms argue that the Presidents action creates a conflict of interest. In addition, the Coalition of Journalists for Open Government (CJOG) says the ombudsman section was considered a key feature of the budget bill because it would cut down on the often lengthy and costly lawsuit process that is now the FOIA requesters only alternative when denied information.
Allowing the Justice Department to mediate FOIA requests amounts to the fox guarding the hen house, says NABJ President Barbara Ciara. It just doesn't make sense. Weve fought long and hard for open access and this, if approved, would be a huge setback to the publics right to know about government.
Sens. Patrick Leahy, D-Vt., and John Cornyn, R-Texas, co-sponsors of the OPEN Government Act, have come out against Bushs action. In addition, the Sunshine in Government Initiative has sent letters to the Senate and House Appropriations Committees urging these panels to reject the proposal.
Congress intended for the Office of Government Information Services to be independent and looked for a politically neutral agency to locate it in, the CJOG says. It had selected the National Archives, which also houses the Information Security Oversight Office, which monitors the governments handling of classified information. The presidents action is in Section 519 of the budget.
NABJ President Ciara will meet with congressional members this spring regarding this change and additional legislation slowing the process of an open government, minority ownership and the growing monopoly in media.
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